Officers cleared in fatal shooting

Grand jury finds police were justified in firing when man drew gun

Published 11:11 pm, Friday, December 7, 2012

Luis Rivera
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Luis Rivera

Ivette Cedres, mother of Luis Rivera, center, holds back tears as she and Ted Ward, NAACP president of the Schenectady chapter, left, attend a news conference on Thursday, Sept. 1, 2011, in Schenectady, N.Y. Schenectady police shot Rivera 14 times near the intersection of State and Grove streets. (Cindy Schultz / Times Union archive)

Ivette Cedres, mother of Luis Rivera, center, holds back tears as...

The scene where Luis Rivera was fatally shot at State Street and Grove Place in Schenectady, N.Y. Saturday Aug. 13, 2011.( Michael P. Farrell/Times Union archive)

The scene where Luis Rivera was fatally shot at State Street and...

Ivette Cedres, mother of Luis Rivera, right, receives support from Treasure Clayton of Project H.O.P.E., left, after the NAACP holds a news conference on Thursday, Sept. 1, 2011, in Schenectady, N.Y. Schenectady police shot Rivera 14 times near the intersection of State and Grove streets. (Cindy Schultz / Times Union archive)

Ivette Cedres, mother of Luis Rivera, right, receives support from...

Rick Clark, left, helps Gregory Payne sign a flag at a street memorial for Luis Rivera, who was shot and killed by police in August 2011 at Grove Place in Schenectady, NY. (Philip Kamrass / Times Union archive)

SCHENECTADY – A Schenectady County grand jury has cleared three city police officers of criminal wrongdoing in the fatal 2011 shooting of an armed man on a city street, according to individuals familiar with the decision.

The panel, after reviewing evidence and video footage of the shooting of Luis Rivera, 33, in the city's Vale neighborhood, found earlier this week that Sgt. William Fennel and officers Kevin Rayball and Michael Wood acted appropriately, according to sources who requested anonymity because the grand jury vote had not yet been made public.

During an interview in October with the Times Union, Rivera's mother, Ivette Cedres of Albany, questioned why Schenectady County District Attorney Robert Carney had not presented the case to a grand jury more than a year after her son's death.

The officers fired a total of 14 shots, two of which struck Rivera in the back and the right side of his body, according to the autopsy report and death certificate, which Cedres showed to a reporter.

After the shooting, Rivera was taken to Ellis Hospital, where he died.

Cedres could not be reached Friday.

Carney did not return a call Friday seeking comment about the grand jury proceedings.

Police Chief Mark Chaires also declined comment Friday, saying he wanted to wait until the investigation is concluded.

The grand jury's decision not to indict the officers is consistent with the preliminary findings of an internal probe in the days after Rivera's slaying on the afternoon of Aug. 12, 2011, near the intersection of State Street and Grove Place. The departmental investigation concluded police were justified in firing their weapons when Rivera pointed a handgun at them.

The prosecutor's office has previously said the gun was recovered near Rivera's body.

Chaires and Public Safety Commissioner Wayne Bennett earlier said the officers followed departmental policy.

Police leaders said the incident unfolded shortly before 4:30 p.m., when officers responded to a report of a man with a gun and attempted to apprehend Rivera. He ran, then reached into his pocket for a 9mm semiautomatic pistol and turned toward officers.

Authorities said Rivera ignored repeated warnings to stop, and that Fennell, Rayball and Wood opened fire after Rivera tried to draw the handgun on them.

Authorities said Rivera had a long criminal history, including a conviction for an illegal gun offense.